Sommervold v. Wal-Mart, Inc.

Plaintiff's hands were injured when a battery-operated toy purchased at a Wal-mart store in Aberdeen, South Dakota exploded after he picked it up to see why it was malfunctioning. With the three-year statute of limitations about to expire and the toy manufacturer bankrupt, plaintiff filed this tort action in state court against Wal-Mart. The district court granted Wal-mart's motion to dismiss for insufficient service of process, concluding that plaintiff failed to comply with the applicable South Dakota service of process statute. Because plaintiff initiated the action in state court and attempted to serve Wal-mart prior to removal, South Dakota law governed whether service was sufficient. The record clearly supported the district court's finding that the assistant manager was not the person in charge of the Aberdeen store when service was attempted. Accordingly, the court affirmed the district court's judgment. View "Sommervold v. Wal-Mart, Inc." on Justia Law